On Wed, Sep 24, 2003 at 05:35:14PM -0400, Clayton E. Cramer wrote: > Joe Rickershauser <[EMAIL PROTECTED]> wrote: > > > I've always felt that the way to change public policy on concealed carry in > > states > > that insist that a right to bear arms _openly_ exists (e.g. OH, KS, NE?, > WS?) > > is to > > call the bluff of the prohibitionists -- carry openly. > > > > An organized campaign to set aside a Carry Day, or encouragement of carry > > every > > Saturday (weekday carry might jeopardize peoples' jobs), or some other idea > > along > > these lines could be effective. > > > > If a state has clear case law stating right to carry openly, then the > > prohibitionists > > won't get the law changed to overturn it. The prohibitionists and fence > > sitters would > > probably decide that "out of sight" is how they'd prefer to have their law > > abiding > > citizens armed. > > > > --jcr > > Without question. I've heard that this played some part in > West Virginia's adoption of a non-discretionary permit law. > Ohio, to my knowledge, has no ban on open carry. The dissent > claims that the only way that majority opinion can be right > that this is a fundamental right, and yet subject to regulation, > is because open carry is not prohibited. This is consistent > with almost 200 years of state supreme court decisions that > have recognized that concealed carry can be prohibited as > long as open carry is allowed. (There are, of course, other > decisions that have taken other tacks.) > > I think organizing widespread open carry in Ohio would be a > worthwhile way to encourage action from the legislature. > However: > > 1. If done, police should be informed in advance, and ideally, > a lawyer should review all the case law, and write a letter > informing police of the intention of open carry--and reminding > the police that the Ohio Supreme Court has ruled that bearing > arms is a "fundamental right." If they insist on arresting > people for open carry--without any prohibition--they are > opening themselves up to some potential liability.
Were I participating, I would also carry with me copies of said letter. I would then hand a copy to any officer who stops me. This has two effects: * It gets around the possibility that the brass haven't inform the line officers. * It then becomes part of the interview, which means it is then incorporated into the officer's written report (if any). This helps avoid the penchants of some courts to decide which evidence the jury may consider by excluding evidence they don't like. About ten years ago I asked Peoples Republic of Boulder (CO) PD what would happen if I did carry a firearm openly. They said it was perfectly legal but that I was risking a felony stop. -- Charles Curley /"\ ASCII Ribbon Campaign Looking for fine software \ / Respect for open standards and/or writing? X No HTML/RTF in email http://www.charlescurley.com / \ No M$ Word docs in email Key fingerprint = CE5C 6645 A45A 64E4 94C0 809C FFF6 4C48 4ECD DFDB
pgp00000.pgp
Description: PGP signature
